2008-12 Rezoning 9249 Alternate A1AORDINANCE 2008-12
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, REZONING A 2.62 ACRE PARCEL OF
LAND KNOWN AS "LIVE OAK PLAZA" LOCATED ON THE WEST SIDE
OF ALTERNATE AlA SOUTH OF RICHARD ROAD, AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM THE COUNTY CG ZONING
DISTRICT TO THE VILLAGE C-2 (COMMERCIAL) ZONING DISTRICT;
AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Village has annexed the 2.62 acre pazcel of property known as "Live Oak Plaza"
located on the southwest corner ofthe intersection ofAlternate AlA and Richazd Road; and
WHEREAS, in accordance with section 171.062, Florida Statutes, the Village must assign its
own zoning designation to the property upon adoption of a comprehensive land use plan
amendment that includes the annexed area; and
WHEREAS, the Village Council, upon receiving and considering the recommendations of the
Planning and Zoning Boazd, and after public hearing and due consideration, wishes to adopt the
proposed rezoning.
• NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA as follows:
Section 1. The foregoing `whereas" clauses aze hereby ratified as true and aze incorporated herein
Section 2. The Village Council hereby rezones the 2.62 acre pazcel of land known as Live
Oak Plaza located on the west side of Alternate Al A south of Richazd Road, as more particularly
described in Exhibit "A" attached hereto and incorporated herein, from the County CG Zoning
District to the Village C-2 (Commercial) Zoning District.
Section 3. The Village Council hereby directs Village Administration to ensure that the
Village Official Zoning Map is amended to reflect the rezoning of the Property.
Section 4. If any section, pazagraph, sentence, clause, phrase or word of this ordinance is for
any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not
affect the remainder ofthis Ordinance.
Section 5. All Ordinances or parts of Ordinances in conflict herewith aze hereby repealed to
the extent of such conflict.
Section 6. This Ordinance shall become effective upon the effective date of the Ordinance
• adopting small-scale Comprehensive Plan Amendment 08-O1, providing for an amendment to
future land designation of the Property, or, upon the effective date of Ordinance 2008-10,
whichever is later.
• PLACED ON FIRST READING THIS 28th DAY OF AUGUST 2008.
PLACED ON PUBLIC HEARING THIS 11th DAY OF SEPTEMBER 2008.
PLACED ON SECOND, FINAL READING AND PASSED THIS 11th DAY OF SEPTEMBER 2008.
;.
(Village Seal) ''
AT'T'EST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
• ~z~ ~
VILLAGE ATTORNEY
•
~~O~A
Page 1 oft
EXHIBIT'A°
_ _ _ _ ___ , _A PARCEL OF LAND IN THE SOUTHWEST QUARTER OF SECTION 1Z,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, MORE
PARTICULARYLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE
OF THE FLORIDA EAST COAST RAILROAD AND THE WESTERLY EXTENSION
OF THE SOUTHERLX RIGHT OF WAY LINE OF RICHARD ROAD AS SAID
RIGHT OF WAY IS SHOWN ON THE PLAT OF KELSEY ACRES RECORDED IN
PLAT BOOK 22, PAGE 16, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT OF WAY
LINE OF THE F.E.C. RAILROAD A DISTANCE OF 530.00 FEET; THENCE
EASTERLY MAKING AN ANGLE WITH THE PRECEDING COURSE MEASURED
FROM NORTH TO EAST OF 85 DEGREES 00 MINUTES 20 SECONDS, A
DISTANCE OF 271.47 FEET, MORE OR LESS, TO THE WESTERLY RIGHT OF
WAY LINE OF STATE ROAD A-1-A, SAID RIGHT OF WAY LINE BEING ALSO
THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST AND HAVBQG A
RADIDS OF 5689.58 FEET; THENCE NORTHWESTERLY, ALONG THE ABC OF
SAID CURVE AND THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-
1-A, THROUGH AN ANGLE OF 4 DEGREES 14 MINUTES 13 SECONDSS A
DISTANCE OF 430.73 FEET TO THE SAID WESTERLY EXTENSION OF THE
SOUTHERLY RIGHT OF WAY LINE OF RICHARD ROAD; THENCE WESTERLY
ALONG SAID WESTERLY EXTENSION A DISTANCE OF 232.47 FEET TO THE
POINT OF BEGINNING.
LESS ADDITIONAL RIGHT OF WAY ACQUIRED BY THE DEPARTMENT OF
TRANSPORTATION IN THAT ORDER OF TAKING RECORDED IN OFFICIAL
RECORD BOOK 3666, PAGE 141.